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HomeMy WebLinkAbout1990-12-31 MinutesCORRECTIONS TO MINUTES December 31, 1990 Page 2 - Line 28 - change "and it is not in compliance" to "however, it is in compliance" Page 3 - Line 19 - change "Planning Director" to "Director of Public Service" Page 8 - Line 18 - change to read "... that abatement of refuse storage and containment violations could also be January 2, 1991 No corrections MINUTES oF THE MEETING OF THE CITY COMMISSION aoZEMAN.M0mTAN^ December 31 1990 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 31 7990 at 1:30 p.m. Present were Mayor Hawks Commissioner Goehrung Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Acting City Manager Brey' City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Mod8c of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be ronu"od for discussion. Minutes - December 3 December lO and December 17 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meetings of December 3 and December 10 1990 be approved as submitted; and that the minutes of the regular meeting of December 17. 1990 be approved as amended. The motion carried by the following Ay* and No vote: those voting Aye be- mg Commissioner ovo»rung. Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion - en forcement process re Sinclair Bald Mountain Ski and Bike 6,21 Bridger Drive Acting City Manager Brey submitted to the Commission a memo from Planning Direc- tor Andy Epp|e dated December 27 1990 seeking guidance from the Commission on how to proceed in addressing the sign violation which exists at the subject site. It was moved by Commissioner Frost' seconded by Commissioner Swanson that the Commission authorize and direct staff to take appropriate formal action in addressing the existing sign vk`/atkm at Ba|dy Mountain 5hl and Bike, 621 Bridger Drive. The motion carried by the (oUv*img Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp' Commissioner Goebrun9 and Mayor Hawks/ those voting No none. Staff report - request for annexation of 6.569-acre tract located in NEJ, Section 1, T2S, RSE, MPM - Gene Cook for George Westlake and Kay Martinen; Commission Resolution No. 2822 - intent to annex said tract Acting City Manager Brey reminded the Commission that the staff report for this requested annexation, dated December 13, 1990, along with an addendum dated December 17, 1990, were distributed at the December 17 Commission meeting. Associate Planner Kevin Wall presented the staff report. He stated that the subject 7z-y1-9u -2- application is for annexation of a 6.569-acre tract located in the northeast one-quarter of Section 1 Township 2 South, Range s Bast Montana Principal Meridian. The application is from Gene Cook on behalf of George Westlake and Kay Martinen, owners of the tract/ and the tract is generally located east of North 7th Avenue, south of Baxter Road extend- ed and north of West Oak 8treet, The Associate Planner reviewed this application's compliance with the goals and pol- icies for annexation as set forth in Commission Resolution No, 2716 noting that it is in general compliance with a majority or those goals and policies. He stated that issues which the staff has identified as needing to be addressed include traffic circulation and the need for dedicated easements or right-of-way for extension of strept$. He stated that Mr. Cook has agreed to include adequate properties to provide for the extension of Baxter Road, North 5th Avenue and West Oak Street in this annexation request. Associate Planner Wall stated that development in the immediate area has been done on m piecemeal basis. He suggested that an attractive development on the subject parcel would help to provide a positive atmosphere in this entryway to the community; and the overlay district would help to ensure the aesthetics of the project. The Planner stated that the issues of easements, rights-of-way, water rights, waiv- ers of right to protest the creation of special improvement districts and extension of water and sewer services to the subject site are to be addressed through an annexation agree- ment prior to annexation of the properties. The Director of Public Service has recom- mended that the final design for West Oak street be established and that acquisition of the appropriate right-of-way for that design be a part of the issues to be adequately ad- dressed prior to annexation. He noted the Director has also suggested that it may be ap- propriate to annex all of the properties impacted by the West Oak Street corridor at the same time, rather than considering only one small parcel of one ownership at this time. He noted, however, that the property owners have not agreed to that proposal. Associate Planner Wall stated that the zoning on the subject property is not an ur- ban zone�,��dit is not. in compliance with the Master Plan. He noted' therefore, a zone � map change is necessary after the annexation, process is completed. He stated that for purposes of determining water rights for this annexation, the Director of Public Service will utilize a B-2 zoning designation. Associate Planner Kevin Wall stated that, based on the subject application's general compliance with the goals and policies for annexation, staff mwuW recommend annexation subject to the following conditions: 1. The owners shall cledicate n 60-foot-wide easement or right-of-way for the extension of Baxter Road at the northern portion of the parcel, a 60-foot-wide easement or right-of-way for the extension of North 5th Avenue at the eastern border of the parcel, and an easement at the very southwestern corner of the parcel for the acquisition of a right- - 3 - of-way for improvements to West Oak Street. These dedications should be granted from the owner when said party fvnna|/y accepts the Annexation Agreement. z. The owners shall participate in any future street improvements de- scribed in No. I above, and in the installation or sidewalks when the site is developed. 3. The owners shall agree to a waiver of right to protest the creation of special improvement districts for sewer and water improvements as well as the installation of storm drainage facilities along the eastern property line of the parcel, 4. The owners shall agree to a waiver of right to protest the creation of spec/a| improvement districts for the construction of West Oak S�treet adjacent to the parcel, including the installation of a signal at the in- tersection of North 7th Avenue, s. The owners shall provide usable water rights or cash-in-lieu in an amount determined by the Director of Public Service based on an assumed zoning of B-2. o- The owners shall provide an appropriate map of the ,�eqyesteq annexation which is acceptable to the *�ann�g' oircctor. m� { (� m `�~ Mayor Hawks asked if an easement for West Oak Street exists through the balance of the property owned by Mr. Westlake and Ms. Martinen. Planning Director Epple responded an easement lies through a portion of the parcel; however, it lies to the south of the subject site. He also noted it does not extend east- ward as far as the Pea Cannery, Commissioner Frost stated he would like to see the entire area annexed and the easement for all of Oak Street obtained, rather than following a piecemeal approach. Acting City Manager Bruy stated that a new alignment of Oak Street is needed be- fore the appropriate right-of-way or easements can he sought. He noted that new devel- opments at the oast end of the corridor and the proximity of that development to the rail- road tracks preclude a straight alignment for the roadway. He stated that is the reason the Director of Public Service has recommended that the final design for Oak Street be es- tablished prior to setting es/de of that corridor. Responding to Commissioner Frost's concerns, the Acting City Manager suggested that an additional condition be attached to annexation of the property which stipulates. 7. The owners shall provide the appropriate easement or right-of-way across their entire ownership for the extension of Oak Street as an arterial after the final design for that roadway has been developed. Commissioner Frost indicated that additional condition would adequately address his Mayor Hawks stated support for Commissioner Frost's concerns, stating he is not sure it would be in the City's best interests to annex the subject parcel if access could not be provided to North Rouse Avenue. He then stated an interest in annexing all of the commonly owned properties; however, the owners do not share that interest. it was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the o-s1-yo - 4 - Commission acknowledge receipt of the staff report on the requested annexation, and ap- prove the seven conditions for annexation as listed above. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. The Acting City Manager then presented Commission Resolution No. 2822, as ap- proved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2822 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Acting City Manager Brey suggested that the Commission may wish to adopt this resolution and set the public hearing for February 4, 1991. The Commissioners expressed a desire to defer action on this item for a period of one week, allowing staff an opportunity to see if the owners are willing to accept the con- ditions as set forth above. Mayor Hawks requested that Commission Resolution No. 2822 be placed on next week's agenda for further consideration and possible action. Renewal of Beer, Wine and Liquor Licenses for Calendar Year 1991 This was the time set for renewal of Beer, Wine and Liquor Licenses for the Calen- dar Year 1991. A total of 27 applications have been received, along with the required fees. Acting City Manager Brey presented to the Commission the following list of estab- lishments which have made application and paid the required fee: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1991 APPLICANT BEER WINE LIQUOR TOTAL Alpine 'Sinclair 1310 North 7th Avenue $ 200.00 $ $ $ 200.00 American Pizza Partners, L.P. dba Pizza Hut 2300 West Main Street 200.00 200.00 BPO Elks #463 106 East Babcock Street 500.00 500.00 Baldy Mountain Ski & Bike 62.1 Bridger Drive 200.00 200.00 400.00 Banana Bay Bar & Grill 2825 West Main Street 500.00 500.00 Bridger View Conoco 1417 North 7th Avenue 200.00 200.00 12 -31 -90 -5_ Casa Sanchez Restaurant ng South 9th Avenue 200,00 200.00 400.00 Chalet Market 2825 West Maim Street 200.00 280.00 400.00 Community Food Co-op 101] West Cv(|c8c Street zVo'Vn 200.00 400.00 Conoco Travel 3hoppe 1325 East Main Street 200.00 200.00 *aufbrav Inc. 22 South 8th Avenue 500.00 500.00 Hilltop Chevron 1007 East Main Street 200.00 200.00 Hinhy Dinky 5 Tai Lave 200.00 200,00 *no.00 JW'y Hide-A-Way Lounge |mza West Main Street 500.00 500,00 John Bozemam's Bistro 242 East Main Street 200.00 200.00 400.00 Lewis o Clark Family Restaurant 824 West Main Street 200.00 200.00 400.00 Me s Jan's Mini Mart 919 West College Street 200.00 200.00 400'00 Me a Jan's |/ 621 West Main Street 200,00 200.00 ^oo.00 Montana Pizza dha Godfather's Pizza auo South 23rd Avenue 200.00 200.00 400.00 Nancy O'Neil Enterprises, Inc. c1ha The Avcl|inn 1235 North 7th Avenue 500.00 500.00 R o N Corporation dba Bozeman enwe| 321 East Main Street 500.00 500.00 TeePe, Gas 2230 West Main Street 200.00 208.00 The Filling Station, Inc. zous North Rouse Avenue 200.00 200,00 400. 00 Town Pump No. 1 oOg east Main Street ]Vu.00 200.00 VFW Post yua zoos North Rouse Avenue 500.00 500.00 Village Inn Pizza Parlor oos North 7th Avenue 200.00 200.00 400.00 Willie's Saloon 1332 East Main Street 500.00 500.00 TOTAL - 27 applications $ $ Acting City Manager arey submitted to the Commission o memo from city Attorney Becker providing some potential alternatives concerning renewal of the beer amd win* |i- 12-31-90 _o_ censc for Bahjy Mountain Ski and Bike. He briefly highlighted those alternatives, which include possible approval for a six-month period only, since the City's licensing period does not conform with the State's licensing period. He noted this would put Mr. Coyle on notice that if be is not in compliance with the City's zoning ordinance by June ao the City will request that the State not renew the license until he gains compliance. City Attorney Becker noted that the City licenses beer, wine and liquor sales no a calendar year basis, while the State does its licensing on a fiscal year basis. He suggest- ed this issue should probably be carefully reviewed, and possibly adjusted so that the two licensing cycles ooincida. He then stated that, while the State could possibly not renew a license based on the City's notification of a zoning violation, it will probably not consider revocation of an existing license on that basis. The City Attorney stated it is important to nvas that any nmmawa| or the beer and wine license uv*s not reflect acceptance of the existing zoning violation or preclude the City's taking action on said violation. The City Attorney them stated that before any changes aro made in the licensing cycle for sale of beer wine and liquor, he feels that Administrative Services Director Gumradt should be given an opportunity to review the issue and provide his input. Commissioner Swanson expressed concern about following this proposed action with- out adequate time to consider all of the potential problems or ramifications. He then sug- gested it may not be in the City's best interests to treat this application any different from the others which have been submitted. Commissioner Frost stated support for City Attorney Bucker's proposal. Commissioner Goehrung stated that he feels the Commission must make the point that it reserves the right of final review on this type of issue. Mayor Bowks noted that to implement a new licensing cycle will usk= one and one-half yeara. He then noted that the business license ordinance provides for enforce- ment of zoning compliance and asked if the issue can he addressed in that manner, The City Attorney responded that a zoning violation currently exists, and the City may address the issue through that mechanism only. He noted, however, that renewal of the business license and the hear and wino license could also he withheld because of' that zoning violation, if the Commission so desires. It was moved by Commissioner Knapp, seconded by Commissioner Go*hrung that the Commission approve the renewal of Boer Wine and Liquor Licenses for Calendar Year 7991 for the various establishments as |i,nad above, with the stipulation that by issuing this license, the City does not waive its position regarding violations of the City's zone code, and further that issuance of this license is not to be construed as authorizing a continuing violation or the City's zone code- The motion married by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Gvchrun8' Cpmm^s- 12-37-90 - 7 - 3i°"er Frost, Commissioner Swanson and Mayor Hawks; those voting No none. Commissioner Gnnhrung asked that the Administrative Services Director review the licensing ordinance to determine whether it would be appropriate to change the licensing cycle to correspond with the State's licensing cycle. S report re statutory provisions (state and local) re nuisances Acting City Manager ancy submitted to the Commission a memo from City Attorney Becker, along with excerpts from the Montana Code Annotated as well as the Bozeman Mu- nicipal Code pertaining to nuisances. City Attorney Bruce Becker stated uncertainty about what the Commission had re- quested. He noted the initial request was that the issue of beautification along the North Rousm/Bridgor Drive corridor be forwarded to the Beautification Committee for consid- eration, however, the Qty Manager has suggested that e copy of the statutory provisions be submitted to the Commission for review prior to that action. The City Attorney briefly highlighted the statutory provisions, noting that either civil or criminal act/n" may be taken in prosecution of a nuisance. He noted that under the criminal section, a fine and possible imprisonment are available in addition to the re- quirement to abate the nuisance. He also noted that each day can constitute a separate violation; therefore, a compounding effect can ^ccvr. He suggested that this typo of en- forcement could possibly be considered in situations where pollution is involved or the ac- tivity or situation jeopardizes the general health, safety and welfare. City Attorney Becker then indicated that the City's weed abatement laws need to be revised to provide for more expeditious enforcement. He noted that at the present time, there is no height limitation on vegetation or weeds/ and to have some specific number, pn°uau|y between five and eighteen inches, would be beneficial in the enforcement process. Mayor Hawks noted that the City's ability to move during the past growing season was not as flexible as desired and asked if there is some way to remedy that problem through revision of the ordinance. The City Attorney indicated that e specified height could be beneficial in moving the process forward more rapidly. He noted that once the lawn or weeds exceed that specified height, the City could serve notice that mowing must be completed within ten days. He stated that if it is not, them the City could mow the property and assess the property owner for those costs. He indicated that process is geqons||y the same as that provided in the current ordinance, except that no height is currently specified. Commissioner Swanson stated the issue of nuisances was raised in discussion about cleaning up the worth Rousa/Rrimger Drive corridor, including items such as signs in dis- repair and screening of junk or waste areas from public view, He then asked if the *xist- 12-31-90 _o_ ing laws would allow the Commission to require a business owner to remove a sign which objection- able areas. City Attorney Becker stated that if a sign is in danger of falling, the City could probably have authority to remove that sign under either a nuisance law or possibly the Uniform Building Code. He noted however that the issue of chipping paint or other aes- thetic disrepair of the sign is much more difficult to address. He indicated that issues pertaining to public health, safety and welfare are much more easily addressed and rem- edied than issues pertaining to aesthetics. Mayor Hawks noted that the language in the new Master Plan basically correlates the economic welfare of the community to aesthetics; and' he feels that is a very solid basis upon which, to establish a mechanism for addressing aes,thetic nuisances. The City Attorney stated it is better to address aesthetics through zoning than through nuisance laws. Acting City Manager Brey stated that the sign portion of the interim zoning ordi- nance contains maintenance provisions. He suggested that he could provide copies of those s ew. The Acti City Manager also suggested that "T 7t to the Commission for rev� / 0 �storage-,�-refuso 'c ntninmrntOth�ereof could also be incorporated into the zone code. He stated that the consultants were requested to incorporate such provisions; how- ever, they refused to do so because it is the most controversial element of a zone code. Responding to Commissioner Frost, the Acting City Manager stated that the mainte- nance provisions of the sign code pertain to existing as well as new signs. Commissioner Swanson asked how dumping refuse in an open field can be ad- The City Attorney responded that could be addressed through the littering laws; however, the individual doing the dumping must be caught in the act. Commissioner Swanson then asked if the City has any authority to require busl- nesses to screen their residue as it stacks up. Acting City Manager Brey suggested that those issues could possibly be addressed through an amortization schedule in the zone code, similar to the amortization schedule for non-conforming signs. Com- mission for addressing the appearance of the North R»use/Bridger Drive entryway be for- warded �o them. warded �� C City Attorney Becker cautioned the Commission that he can enfbroo-ze*-e-eede-prn— visions, only inside city limits, because that is the limit of his jurisdiction. He noted that any violations within the jurisdictional area must be addressed through the County Aunr- 12-37-90 - n_ ney"s office. Discussion mechanism for recognition of voluntee The Acting City Manager stated that Commissioner Knapp had requested this item be placed on the agm`da. Commissioner Knapp stated the issues to be addressed include, who uh"v|d be rec- ognized, in what manner, how often, and how is it to he administered. She noted that appropriate methods of recognition include certificates, letters of commendation, awards and pnrties. She suggested that those included should be the members of the hoards and commissions which serve the City. The Commissioner then stated she does not wont any method of recognition to simply become pro forma rather she would |/ko to see it remain an important event. Commissioner Frost noted that the City currently sends letters of appreciation to those who resign from the various board, and commissions. Mayor Hawks stated interest in an informal format such as that utilized at the Li- brary lost year for the incoming Commissioner,. He suggested that members of all of the boards and commissions could be invited to attend, which would provide an opportunity for the Commissioners to mingle and exchange ideas with the members or the various bodies. He then mno:d the Commission hears from the Planning Board on a regular basis; however, there are members of some of the other boards who have served for years that he has never met. Commissioner Swanson suggested that all members of the boards and commissions be invited to a social affair, with each board and commission being asked to provide a brief statement on what issues they are addressing, what they plan to address in the next twelve months and how the Commissioners can assist. He noted that all members present could stand together, thus helping the Commissioners to better identify them. Commissioner Frost noted that the City staff currently conducts a summer picnic. He then suggested that the Commission hold a second picnic at the Lindley Park Center in the summer, for the volunteers. Responding to Mayor Hawks, Commissioner Knapp noted that not everyone would he able to attend each year; but over several years, all volunteers would probably have at- tended at [oast once. Commissioner Swanson stated he //hcd the "stair of the city" celebration that was held with the seating or the new Commission. He then expressed concern that a summer- time activity might not be well attended because people enjoy the days of summer in their own ways, Mayor Hawks suggested that a sub-committee be appointed to work on this item. 1z-s1-nn - 10 - Commissioner Knapp stated a willingness to serve; Mayor Hawks indicated be wiU serve with her. Appointments to Board of Adjustment (2) T — pporintment to Board of Appe5 ­ l ­ s -- (TT — Acting City Manager orey stated that letters of resignation have been received from the two members of the Board or Adjustment whose terms have expired as of this date, and no applications have been received for this bvaru. A(oo' no response has been re- ceived from the individual whose term has expired on the Board of Appeals; and no new applications have been received as of this date. The Commission directed the Clerk of the Commission to readv*rtiso these vacancies as soon as possible. Appointments to Cemetery Board (3) — __UBG Loan Review Committee (1) Appointment to C Appointments to Parking Commission (2) Appointment to Redestrian/Trattic -Satety Committee (1) The Acting City Manager submitted to the Commission a listing of those who have applied for these various boards. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission: (1) reappoint Alice Bradford and Norm Thurston and appoint Chuck Mo|yneaux to replace Kenneth E. Monroe, with three-year terms to expire on December sl /oou; (2) appoint Jeffrey K. Rupp to replace Kate Mc|nneruey as the low- and moder- ate-income representative on the Community Devefvpmvnt Loan Review Committee, with a two-year term to expire on June 30 1992; (s) reappoint Tim Fitzgerald and appoint Les Hausaucr to replace Ray Erickson on the Parking Commission, with four-year terms to ex- pire on June 30 1994/ and (v) reappoint Dean 0renk to the Pedestrian /Traffic Safety Committee with m two-year term to expire on December 31 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Gnehrong' Commis- sioner Frost, Commissioner S*aosom, Commissioner Knapp and Mayor Hawks/ those voting Nu' none. Appointments to City-County Planning Board (3) Acting City Manager Brey submitted to the Commission a list of seven applicants 'for these vacancies. Mayor Hawks noted that Riney Bennett has just submitted his resignation from this Board; therefore, he suggested that four appointments be made at this time from the pool of applicants available. During written balloting on these applicants, Ms. Gail Schontzler, reporter for the o-x/-90 - 11 - Bozeman Daily Chronicle, stated her opposition to this type of process being utilized and respectfully requested that their actions be taken in the open rather than by secret ballot. After written balloting on these applicants, the following motions were placed on the floor. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that Robert E. Bullock be appointed to the City-County Planning Board. The motion carried by the foUm*ing Aye and No vote: those voting Aye being Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting Nn' none. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that Keith G. Swenson be reappointed to the City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Com- missioner Knapp' Commissioner Frost and Mayor Hawks; those voting No uomg Commission- er Coehrvng. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that Martin A. Whitmont be appointed to the City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commis- sioner 0vehrunB' Commissioner Frost, Commissioner Swanson and Mayor Hawks; those vot- ing No none. It was moved by Commissioner 0vehrumg seconded by Commissioner Frost that KeUy Wiseman be appointed to the City-County Planning Board. The motion carried by the following Aye and No vote, those voting Aye being Commissioner Owehrony Commissioner Frost, Commissioner Swanson Commissioner Knapp and Mayor Hawks; those voting Nn none. The Commissioners then discussed the terms for the preceding appointments, after which the following motion was placed on the floor. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the terms of the appointees be set as h,|fowe: that Robert E. Bullock replace Deborah Berglund, with a two-year term to expire December 31' Tesz; that Keith G. Swenson be appointed to replace Riney Bennett, with an unexpired term to expire on December 31, 1991/ that Ke/(y Wiseman be appointed to replace Keith C. Swenson with a term to expire on June ao. 1992; and that Martin Whitmont be appointed to replace Roger L. Craft with a two-year term to expire December 31 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp' Commissioner Gnebrung and Mayor Hawks; those voting Nn' non;. Appointments to Recreation and Parks Advisory Board (4) The Acting City Manager submitted to the Commission a memo from the Clerk of the 1z-3,-yo -1a- Commission listing the five applicants for these positions. He also submitted a memo from Recreation Superintendent Suzette Harkin listing the Board's recommendations for expan- sion to up to twelve members at this time, along with recommendations for implementation of the lengthening or terms to three years under the new ordinance. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission reappoint Joanne ]amninQo and Mike Myers, appoint James R. Fisher to replace Jane Davis and Kenneth: D. Bryson to replace Steve WoU' and appoint David J. Jones as the tenth member of the Board, with expiration dates of all board terms to be established as follows: December 31 1991 - James R. Fbhcr, Kenneth D. Bryson and Michael Myer; December n ' 1992 - Herb Davis, Dick Pohl and David J. Junes; and December 31. 19 - Amanda Cater Galen Black, Joanne Jennings and Reeves Pmtroff. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commis- sioner Knapp' Commissioner Goebrung Commissioner Frost and Mayor Hawks; those voting No none. Discussion - FY/ Items In- formation" items. (1) Copy of the results from the bid opening for the Middle Creek Dam reha bilitation project, as opened by the DNRC. (2) Movw from Park/ Cemetery/ Forestry Superintendent John Mowvi| responding to the letter from Juu||o McLean dated December 6 regarding the creation and maintenance of ice skating rinks. The Mayor requested that a copy of this response be forwarded to Ms. Juelle McLean. (]) Petitions containing several signatures, as submitted by Gary Vodohna| 614 South 7th Avenue, encouraging the Commission to support preservation of Pout^a Ui|/ and Sourdough Ridge through City acquisition or that property. Commissioner Frost stated he has an additional two and one-half pages of signatures for the petition, which he aisked the Clerk to copy and distribute to the Commissioners. (4) Letter from the Chamber of Commerce requesting that the City Commission support it= candidate, Cindy Sheway for appointment to the Board of Regents. The Acting City Manager then distributed to the Commissioners u proposed /etter of endorsement, suggesting that the Commission authorize the Mayor to sign said letter since today is the deadline for such endorsements. It was moved by Commissioner Knapp, seconded by Commissioner Oorhrung that the Commission authorize and direct the Mayor to sign the letter to the Governor in sup- nz-sl-en -1s- port of Cindy Shew,y's appointment to the Board of Regents. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goahrung Commissioner Frost' Commissioner Swanson and Mayor Hawks; those voting Nn »p»e' (5) Copy of a memo from the City-County Planning office to local architects, surveyors, engineers and developers regarding revisions in the deadline for applications to be submitted for oRC or DRB review. The Acting City Manager noted that these revisions allow staff more time to review the applications for completeness prior to placing them on the agenda. (0) Cory of the minutes from the December 17, 1990 meeting of the Bozeman Ar- ea: Bicycle Advisory Board. (7) Copy of the minutes from the November 28 1990 meeting of the Bozeman Se- nior Citizens Advisory Board. (o) Copy of the nomination form for a City representative to the National 0rga- Mayor Hawks stated be had requested this item be p|aum1 before the Commission to publicly recognize the contributions which Shirley S*divy has mad" during the pest two- year term. He then requested Commission authorization to sign the nomination form so that Shirley Sodivy may continue in this capacity. It was moved by Commissioner Coehruno seconded by Commissioner Frost, that the Commission authorize and direct the Mayor to sign the form which nominates Shirley Sedivy to continue serving as the City's representative for the National Organization on Disability. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Goehrung' Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. (9) The Acting City Manager submitted the weekly report as follows. (1) the City Manager is scheduled to return to his office on Wednesday. (z) Building Official Bob Janz has submitted his resignation effective January 1/ 19y1 because he has accepted a position with the City of Billings building department, (/o) Commissioner Swanson stated he has received several complaints about the new Snuthsiue Park lights from residents of that immediate area. He them suggested that possibly some of those lights could be removed, since they do seem bright, Commissioner Frost suggested that a survey of residents immediately adjacent to the park would be in order. He then noted he does not feel they are too bright/ and they do turn off at 10:00 p.m. (11) Commissioner coeorung submitted the following. (1) Expressed concern about voting under this agenda item, even if the items seem minor. He then encouraged 1Z-3l-8u -l4- the Commissioners to make the necessary adjustments at the beginning of the agenda to consider this type of action under a specific agenda item rather than in this format. (2) Asked about the status of the Christmas tree recycling or disposal program for this year' noting that no publicity has been don= for this program to date. He noted that trees are beginning to appear in the alleys next to garbage cans; and he feels that the City's intent should be made known as soon as possible. (rz) Commissioner Frost stated that he attended the latest City-County Planning Board meeting. He then announced that the new zoning enforcement off is to take his position on January 7 and will also be serving as building official until a replacement has been hired. Mayor Hawks stated that he has discussed with Planning Director Epm|o the pos- sibility of having two building inspectors divide the duties of zoning enforcement as well as build/n8 inspection so that the zoning enforcement issues dm not become overwhelming for any one individual. (13) Commissioner Swanson raised a concern about vxr recycling and the lack of effort to get the necessary information to the public on this subject. He then encouraged some strong publicity efforts should be made n* that at the end of the year' a survey doesn't reveal that 80 percent of the public didn't know about the program. Acting City Manager Brry suggested that is one issue which could be appropriately addressed by the ad hoc recycling committee. Commissioner Goehrung stated his willingness to forward this item to the committee, _ if that is the Commission's desire. �^ d� ' Commissioner Frost noted that a year ago, he raised the issue of a city-wide news- letter to keep the people informed about what the city is doing. He noted that now the need is even more apparent, and he foa|y a real effort should be made to implement such a newsletter. (lu) Commissioner Swanson suggested that the Commission ask the Beautification Committee to develop alternatives for beautification of the City yards and the State yards on North Rouse Avenua, with the governmental entities to possibly take action next spring. Mayor Hawks asked Commissioner Swanson to forward that request to the Beautification Committee. (15) Commissioner Swanson suggested that the Commission ask the Bozeman Area Bicycle Advisory Board to look at the needs of bicyclists and pedestrians moving in the same corridors. I Commissioner Frost requ 1 � actions be developed in a master planned ested that anner since the City does not have adequate funds to make all of the desired improve- - 15 - wwnrs in one year. (/s) Commissioner Knapp noted that the possibility of buying a dedicated spot in the newspaper was discussed some time ago. She then suggested that proposal would pro- vide a specific place in the newspaper for the public to look for information from the City' noting that consistency in location could improve public awareness. Commissioner Frost stated the Planning Board! considered that possibility; however, the cost is prohibitive. The Acting Manager stated that a couple possibilities remain unexplored at this time. He noted those options are less desirable than that raised by Commissioner Knapp/ however, he indicated that staff can review them to determine whether they are viable options. (17) Mayor Hawks submitted the following. (1) The sub-committee of the TCC comprised of Roger Craft Jane Jelinski and himself, met to review the RF0 proposal for the consultant for the transportation study. He noted there were some small language changes to clarify specific issurs. He stated that the State has now requested that the weighted review form be submitted to them for review and approval' prior to its approval of the RF0. (2) Another item discussed by the sub-committee was the need to resolve the transportation problems in the southeast sector of the planning area' with a possible first step being input from Road Superintendent Sam Oianfrancisc" and Director of Public Ser- vice phi|y Fnrbes. He then suggested that the full City Commission meet with the k'|| County Commission within the next month to discuss these issues so that the transportation problems can be addressed as quickly as possible. He noted another issue that could be discussed at that time is the alignment of Oak Street particularly as it passes across County property. (18) In response to a question from the Mayor, Clerk of the Commission Sullivan indicated she has received the return receipt from the letter forwarded to the Burke family regarding the p=et's Hill and Sourdough Ridge property. (19) Commissioner Knapp reminded the Commissioners that she will be attending the Governor's Conference on Libraries next week. (zo) The Clerk of the Commission noted that a copy of the summary of City Man- ager's eva|uativnn was included in the packet. She then forwarded the City Manager's re- quest that a special meeting be called for later this week to conduct the verbal evaluation, since at feast one Commissioner will be out of town from the end of the week ond! January 21. Following a brief discussion, the Commission set S:/S p.m. on Wednesday, January z 1991 in the Conference Room as the time and place for a special meeting to evaluate the City Manager. -l6- r.~~..~ /~.~. Acting City Manager Brey submitted to the Commission the following Consent Items. Award bids for ha of three vehicles for the Water/Sewer T — uthorize cancellation of stale dated checks for City Court appearance bona account - totaling $2,055,50 Request for extension of sewer se outside city limits - B.B. Andersen, 519 North Western Drive; approval contingent upon complete executi of appropriate documents Authorize Acting City Manager to sign - Change Order No. 2 for SID No. 655 - Big Sky Paving - add $6,400 and 2 calendar days It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp' Commissioner Goehrung and Mayor Hawks; those voting No none' Adjournment - 3:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the meeting he adjourned. The motion carried by the following Ay= and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Gomhrung Commissioner Frost and Mayor Hawks; those voting No, none. lz-a1-oo